From: john boyle 
Newsgroups: uk.legal uk.finance uk.consultants
Subject: Re: IHT and loans
Date: Sun, 7 Mar 2004 12:00:47 +0000

In message , stuart 
 writes
>john boyle  wrote in message
>
>> I say again, that (except in small estates) an executor can not claim
>> his position until the will is proved in Probate.
>
>And I say again that from my personal (and very recent) experience
>that, either this is not the case, or there is an interim stage where
>the executor does not have full powers to execute the will, but can
>nevertheless authorise the release of funds to either a funeral
>director or The Revenue.
>In this case the initial IHT instalment was around £300K, so no
>question of the estate being small. This "arrangement" between The
>Revenue and financial institutions is well documented in IR form D20
>notes. What is this form for if not to release funds before probate?


IHT200 (and the use of d20) comes AFTER the probate interview doesnt it, 
i.e. after the will is declared as being THE operative will?

Re D20, I think we may have been at cross purposes because I got the 
impression you were suggesting that whoever thought they were executor 
could just write a cheque (as it were) form the deceased's account.

As an aside, Within the last few months I found I was an executor for an 
estate and the deceased hadnt even asked me and I didnt know I was to be 
executor, in fact a family member of the deceased assumed she was 
executor until a later will turned up! Luckily none of the financial 
institutions would act on her claim (which was a genuine in claim in so 
far as she knew she was the executor in the previous will and had no 
knowledge of the subsequent will). A bit awkward all round!.
-- 
John Boyle